Am I Eligible for Full Gratuity After My Company Changed Its Name? How Should I Ask?

Hi there,

I worked with my previous organization for more than 12 years. I joined the company, and after 4 years, the company changed its name and continued without any other updates. It doesn't have any PF or gratuity norms, and thus I have not received my gratuity amount during FnF.

Now, if I request for gratuity, will I be eligible for 12 years or 8 years of gratuity? Please suggest how to write to the company to pay me gratuity.

Thanks and regards.

Change of name does not absolve the company from legal liabilities.

Approach the labor commissioner of the area for help if there is a problem getting gratuity.

Thank you for the response, Mr. Nathrao. This is really helpful.

Non-compete agreement concerns

When I left the company, they asked me to sign a paper where it was mentioned that I cannot work for 5 years in a similar company and with the same clients. With experience of more than a decade in the same domain, for me, it is practically not possible to do so. They did not get it signed on a stamped paper but it was a plain paper.

Gratuity request and legal implications

Now, when I have requested them for the gratuity, they specified that there is a conflict in trust and thus, they are going to seek legal advice. How is it going to affect?

The terms on plain papers are unjust.

You have the freedom to work anywhere in any capacity but cannot poach candidates/clients from your old company using your special knowledge of the client, etc.

The action of withholding gratuity is not in order. Send them a proper letter duly verified by a lawyer and ask them to release the gratuity legally due to you with interest. If they fail to comply, approach the Labour Commissioner of the area with your problem.